Full Text of HB4589 103rd General Assembly
HB4589 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4589 Introduced 1/31/2024, by Rep. Jay Hoffman - Brad Stephens SYNOPSIS AS INTRODUCED: | | 20 ILCS 4005/12 rep. | | 625 ILCS 5/1-110.05 new | | 625 ILCS 5/1-115.01 new | | 625 ILCS 5/1-118 | from Ch. 95 1/2, par. 1-118 | 625 ILCS 5/5-401.2 | from Ch. 95 1/2, par. 5-401.2 | 625 ILCS 5/5-402.1 | from Ch. 95 1/2, par. 5-402.1 | 815 ILCS 325/2 | from Ch. 121 1/2, par. 322 | 815 ILCS 325/3 | from Ch. 121 1/2, par. 323 | 815 ILCS 325/4.1 | | 815 ILCS 325/4.4 | |
| Amends the Illinois Vehicle Hijacking and Motor Vehicle Theft Prevention and Insurance Verification Act. Eliminates the provision that provided for the repeal of the Act on January 1, 2025. Amends the Illinois Vehicle Code. Includes "catalytic converter" in the definition of "essential parts". Amends the Recyclable Metal Purchase Registration Law. Excludes catalytic converter from the definition of "recyclable metals". Requires transactions involving a catalytic converter to include the identification number of the vehicle from which the catalytic converter was removed and the part number or other identifying number of the catalytic converter that was removed. Provides that, in a transaction involving a catalytic converter, the recyclable metal dealer must also require a copy of the certificate of title or registration showing the seller's ownership in the vehicle. Makes it unlawful for any person to purchase or otherwise acquire a used, detached catalytic converter or any nonferrous part thereof unless specified conditions are met. Provides that a used, detached catalytic converter does not include a catalytic converter that has been tested, certified, and labeled for reuse in accordance with the United States Environmental Protection Agency Clean Air Act. Defines terms. Makes technical changes. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | (20 ILCS 4005/12 rep.) | 5 | | Section 5. The Illinois Vehicle Hijacking and Motor | 6 | | Vehicle Theft Prevention and Insurance Verification Act is | 7 | | amended by repealing Section 12. | 8 | | Section 10. The Illinois Vehicle Code is amended by | 9 | | changing Sections 1-118, 5-401.2, and 5-402.1 and by adding | 10 | | Sections 1-110.05 and 1-115.01 as follows: | 11 | | (625 ILCS 5/1-110.05 new) | 12 | | Sec. 1-110.05. Catalytic converter. | 13 | | "Catalytic converter" means a post-combustion device that: | 14 | | (1) oxidizes hydrocarbons and carbon monoxide gases or reduces | 15 | | oxides of nitrogen; and (2) is designed or intended for use as | 16 | | part of an emission control system. As used in this Section, | 17 | | "catalytic converter" includes nonferrous parts, including | 18 | | rhodium, platinum, and palladium. | 19 | | (625 ILCS 5/1-115.01 new) | 20 | | Sec. 1-115.01. Detached catalytic converter. | 21 | | "Detached catalytic converter" means a catalytic |
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| 1 | | converter, as defined in Section 1-110.05 of the Code, that | 2 | | was previously installed on a motor vehicle and subsequently | 3 | | removed. | 4 | | (625 ILCS 5/1-118) (from Ch. 95 1/2, par. 1-118) | 5 | | Sec. 1-118. Essential parts. All integral and body parts | 6 | | of a vehicle of a type required to be registered hereunder, the | 7 | | removal, alteration or substitution of which would tend to | 8 | | conceal the identity of the vehicle or substantially alter its | 9 | | appearance, model, type or mode of operation. "Essential | 10 | | parts" includes the following: vehicle hulks, shells, chassis, | 11 | | frames, front end assemblies (which may consist of headlight, | 12 | | grill, fenders and hood), front clip (front end assembly with | 13 | | cowl attached), rear clip (which may consist of quarter | 14 | | panels, fenders, floor and top), doors, hatchbacks, fenders, | 15 | | cabs, cab clips, cowls, hoods, trunk lids, deck lids, bed, | 16 | | front bumper, rear bumper, transmissions, seats, engines, and | 17 | | similar parts. "Essential parts" also includes fairings, fuel | 18 | | tanks, and forks of motorcycles. "Essential parts" shall also | 19 | | include stereo radios and catalytic converters . | 20 | | An essential part which does not have affixed to it an | 21 | | identification number as defined in Section 1-129 adopts the | 22 | | identification number of the vehicle to which such part is | 23 | | affixed, installed or mounted. | 24 | | "Essential parts" does not include an engine, | 25 | | transmission, or a rear axle that is used in a glider kit. |
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| 1 | | (Source: P.A. 99-748, eff. 8-5-16; 100-409, eff. 8-25-17; | 2 | | 100-863, eff. 8-14-18.) | 3 | | (625 ILCS 5/5-401.2) (from Ch. 95 1/2, par. 5-401.2) | 4 | | Sec. 5-401.2. Licensees required to keep records and make | 5 | | inspections. | 6 | | (a) Every person licensed or required to be licensed under | 7 | | Section 5-101, 5-101.1, 5-101.2, 5-102, 5-102.8, 5-301, or | 8 | | 5-302 of this Code, shall, with the exception of scrap | 9 | | processors, maintain for 3 years, in a form as the Secretary of | 10 | | State may by rule or regulation prescribe, at his established | 11 | | place of business, additional place of business, or principal | 12 | | place of business if licensed under Section 5-302, the | 13 | | following records relating to the acquisition or disposition | 14 | | of vehicles and their essential parts possessed in this State, | 15 | | brought into this State from another state, territory or | 16 | | country, or sold or transferred to another person in this | 17 | | State or in another state, territory, or country. | 18 | | (1) The following records pertaining to new or used | 19 | | vehicles shall be kept: | 20 | | (A) the year, make, model, style and color of the | 21 | | vehicle; | 22 | | (B) the vehicle's manufacturer's identification | 23 | | number or, if applicable, the Secretary of State or | 24 | | Illinois State Police identification number; | 25 | | (C) the date of acquisition of the vehicle; |
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| 1 | | (D) the name and address of the person from whom | 2 | | the vehicle was acquired and, if that person is a | 3 | | dealer, the Illinois or out-of-state dealer license | 4 | | number of such person; | 5 | | (E) the signature of the person making the | 6 | | inspection of a used vehicle as required under | 7 | | subsection (d) of this Section, if applicable; | 8 | | (F) the purchase price of the vehicle, if | 9 | | applicable; | 10 | | (G) the date of the disposition of the vehicle; | 11 | | (H) the name and address of the person to whom any | 12 | | vehicle was disposed, and if that person is a dealer, | 13 | | the Illinois or out-of-State dealer's license number | 14 | | of that dealer; | 15 | | (I) the uniform invoice number reflecting the | 16 | | disposition of the vehicle, if applicable; and | 17 | | (J) The sale price of the vehicle, if applicable. | 18 | | (2) (A) The following records pertaining to used | 19 | | essential parts other than quarter panels and | 20 | | transmissions of vehicles of the first division shall be | 21 | | kept: | 22 | | (i) the year, make, model, color and type of such | 23 | | part; | 24 | | (ii) the vehicle's manufacturer's identification | 25 | | number, derivative number, or, if applicable, the | 26 | | Secretary of State or Illinois State Police |
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| 1 | | identification number of such part; | 2 | | (iii) the date of the acquisition of each part; | 3 | | (iv) the name and address of the person from whom | 4 | | the part was acquired and, if that person is a dealer, | 5 | | the Illinois or out-of-state dealer license number of | 6 | | such person; if the essential part being acquired is | 7 | | from a person other than a dealer, the licensee shall | 8 | | verify and record that person's identity by recording | 9 | | the identification numbers from at least two sources | 10 | | of identification, one of which shall be a drivers | 11 | | license or State identification card; | 12 | | (v) the uniform invoice number or out-of-state | 13 | | bill of sale number reflecting the acquisition of such | 14 | | part; | 15 | | (vi) the stock number assigned to the essential | 16 | | part by the licensee, if applicable; | 17 | | (vii) the date of the disposition of such part; | 18 | | (viii) the name and address of the person to whom | 19 | | such part was disposed of and, if that person is a | 20 | | dealer, the Illinois or out-of-state dealer license | 21 | | number of that person; | 22 | | (ix) the uniform invoice number reflecting the | 23 | | disposition of such part. | 24 | | (B) Inspections of all essential parts shall be | 25 | | conducted in accordance with Section 5-402.1. | 26 | | (C) A separate entry containing all of the information |
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| 1 | | required to be recorded in subparagraph (A) of paragraph | 2 | | (2) of subsection (a) of this Section shall be made for | 3 | | each separate essential part. Separate entries shall be | 4 | | made regardless of whether the part was a large purchase | 5 | | acquisition. In addition, a separate entry shall be made | 6 | | for each part acquired for immediate sale or transfer, or | 7 | | for placement into the overall inventory or stock to be | 8 | | disposed of at a later time, or for use on a vehicle to be | 9 | | materially altered by the licensee, or acquired for any | 10 | | other purpose or reason. Failure to make a separate entry | 11 | | for each essential part acquired or disposed of, or a | 12 | | failure to record any of the specific information required | 13 | | to be recorded concerning the acquisition or disposition | 14 | | of each essential part as set forth in subparagraph (A) of | 15 | | paragraph (2) of subsection (a) shall constitute a failure | 16 | | to keep records. | 17 | | (D) The vehicle's manufacturer's identification number | 18 | | or Secretary of State or Illinois State Police | 19 | | identification number for the essential part shall be | 20 | | ascertained and recorded even if such part is acquired | 21 | | from a person or dealer located in a State, territory, or | 22 | | country which does not require that such information be | 23 | | recorded. If the vehicle's manufacturer's identification | 24 | | number or Secretary of State or Illinois State Police | 25 | | identification number for an essential part cannot be | 26 | | obtained, that part shall not be acquired by the licensee |
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| 1 | | or any of his agents or employees. If such part or parts | 2 | | were physically acquired by the licensee or any of his | 3 | | agents or employees while the licensee or agent or | 4 | | employee was outside this State, that licensee or agent or | 5 | | employee was outside the State, that licensee, agent or | 6 | | employee shall not bring such essential part into this | 7 | | State or cause it to be brought into this State. The | 8 | | acquisition or disposition of an essential part by a | 9 | | licensee without the recording of the vehicle | 10 | | identification number or Secretary of State identification | 11 | | number for such part or the transportation into the State | 12 | | by the licensee or his agent or employee of such part or | 13 | | parts shall constitute a failure to keep records. | 14 | | (E) The records of essential parts required to be kept | 15 | | by this Section shall apply to all hulks, chassis, frames , | 16 | | or cowls, or catalytic converters regardless of the age of | 17 | | those essential parts. The records required to be kept by | 18 | | this Section for essential parts , other than hulks, | 19 | | chassis, frames , or cowls, or catalytic converters, shall | 20 | | apply only to those essential parts which are 6 model | 21 | | years of age or newer. In determining the model year of | 22 | | such an essential part it may be presumed that the | 23 | | identification number of the vehicle from which the | 24 | | essential part came or the identification number affixed | 25 | | to the essential part itself acquired by the licensee | 26 | | denotes the model year of that essential part. This |
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| 1 | | presumption, however, shall not apply if the gross | 2 | | appearance of the essential part does not correspond to | 3 | | the year, make or model of either the identification | 4 | | number of the vehicle from which the essential part is | 5 | | alleged to have come or the identification number which is | 6 | | affixed to the essential part itself. To determine whether | 7 | | an essential part is 6 years of age or newer within this | 8 | | paragraph, the model year of the essential part shall be | 9 | | subtracted from the calendar year in which the essential | 10 | | part is acquired or disposed of by the licensee. If the | 11 | | remainder is 6 or less, the record of the acquisition or | 12 | | disposition of that essential part shall be kept as | 13 | | required by this Section. | 14 | | (F) The requirements of paragraph (2) of subsection | 15 | | (a) of this Section shall not apply to the disposition of | 16 | | an essential part , other than a cowl or catalytic | 17 | | converter, which has been damaged or altered to a state in | 18 | | which it can no longer be returned to a usable condition | 19 | | and which is being sold or transferred to a scrap | 20 | | processor or for delivery to a scrap processor. | 21 | | (3) the following records for vehicles on which junking | 22 | | certificates are obtained shall be kept: | 23 | | (A) the year, make, model, style and color of the | 24 | | vehicle; | 25 | | (B) the vehicle's manufacturer's identification number | 26 | | or, if applicable, the Secretary of State or Illinois |
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| 1 | | State Police identification number; | 2 | | (C) the date the vehicle was acquired; | 3 | | (D) the name and address of the person from whom the | 4 | | vehicle was acquired and, if that person is a dealer, the | 5 | | Illinois or out-of-state dealer license number of that | 6 | | person; | 7 | | (E) the certificate of title number or salvage | 8 | | certificate number for the vehicle, if applicable; | 9 | | (F) the junking certificate number obtained by the | 10 | | licensee; this entry shall be recorded at the close of | 11 | | business of the fifth business day after receiving the | 12 | | junking certificate; | 13 | | (G) the name and address of the person to whom the | 14 | | junking certificate has been assigned, if applicable, and | 15 | | if that person is a dealer, the Illinois or out-of-state | 16 | | dealer license number of that dealer; | 17 | | (H) if the vehicle or any part of the vehicle is | 18 | | dismantled for its parts to be disposed of in any way, or | 19 | | if such parts are to be used by the licensee to materially | 20 | | alter a vehicle, those essential parts shall be recorded | 21 | | and the entries required by paragraph (2) of subsection | 22 | | (a) shall be made. | 23 | | (4) The following records for rebuilt vehicles shall be | 24 | | kept: | 25 | | (A) the year, make, model, style and color of the | 26 | | vehicle; |
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| 1 | | (B) the vehicle's manufacturer's identification number | 2 | | of the vehicle or, if applicable, the Secretary of State | 3 | | or Illinois State Police identification number; | 4 | | (C) the date the vehicle was acquired; | 5 | | (D) the name and address of the person from whom the | 6 | | vehicle was acquired, and if that person is a dealer, the | 7 | | Illinois or out-of-state dealer license number of that | 8 | | person; | 9 | | (E) the salvage certificate number for the vehicle; | 10 | | (F) the newly issued certificate of title number for | 11 | | the vehicle; | 12 | | (G) the date of disposition of the vehicle; | 13 | | (H) the name and address of the person to whom the | 14 | | vehicle was disposed, and if a dealer, the Illinois or | 15 | | out-of-state dealer license number of that dealer; | 16 | | (I) The sale price of the vehicle. | 17 | | (a-1) A person licensed or required to be licensed under | 18 | | Section 5-101 or Section 5-102 of this Code who issues | 19 | | temporary registration permits as permitted by this Code and | 20 | | by rule must electronically file the registration with the | 21 | | Secretary and must maintain records of the registration in the | 22 | | manner prescribed by the Secretary. | 23 | | (b) A failure to make separate entries for each vehicle | 24 | | acquired, disposed of, or assigned, or a failure to record any | 25 | | of the specific information required to be recorded concerning | 26 | | the acquisition or disposition of each vehicle as set forth in |
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| 1 | | paragraphs (1), (3) and (4) of subsection (a) shall constitute | 2 | | a failure to keep records. | 3 | | (c) All entries relating to the acquisition of a vehicle | 4 | | or essential part required by subsection (a) of this Section | 5 | | shall be recorded no later than the close of business on the | 6 | | seventh calendar day following such acquisition. All entries | 7 | | relating to the disposition of a vehicle or an essential part | 8 | | shall be made at the time of such disposition. If the vehicle | 9 | | or essential part was disposed of on the same day as its | 10 | | acquisition or the day thereafter, the entries relating to the | 11 | | acquisition of the vehicle or essential part shall be made at | 12 | | the time of the disposition of the vehicle or essential part. | 13 | | Failure to make the entries required in or at the times | 14 | | prescribed by this subsection following the acquisition or | 15 | | disposition of such vehicle or essential part shall constitute | 16 | | a failure to keep records. | 17 | | (d) Every person licensed or required to be licensed | 18 | | shall, before accepting delivery of a used vehicle, inspect | 19 | | the vehicle to determine whether the manufacturer's public | 20 | | vehicle identification number has been defaced, destroyed, | 21 | | falsified, removed, altered, or tampered with in any way. If | 22 | | the person making the inspection determines that the | 23 | | manufacturer's public vehicle identification number has been | 24 | | altered, removed, defaced, destroyed, falsified or tampered | 25 | | with he shall not acquire that vehicle but instead shall | 26 | | promptly notify law enforcement authorities of his or her |
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| 1 | | finding. | 2 | | (e) The information required to be kept in subsection (a) | 3 | | of this Section shall be kept in a manner prescribed by rule or | 4 | | regulation of the Secretary of State. | 5 | | (f) Every person licensed or required to be licensed shall | 6 | | have in the person's his possession a separate certificate of | 7 | | title, salvage certificate, junking certificate, certificate | 8 | | of purchase, uniform invoice, out-of-state bill of sale or | 9 | | other acceptable documentary evidence of the person's his | 10 | | right to the possession of every vehicle or essential part. | 11 | | (g) Every person licensed or required to be licensed as a | 12 | | transporter under Section 5-201 shall maintain for 3 years, in | 13 | | such form as the Secretary of State may by rule or regulation | 14 | | prescribe, at the person's his principal place of business a | 15 | | record of every vehicle transported by the person him , | 16 | | including numbers of or other marks of identification thereof, | 17 | | the names and addresses of persons from whom and to whom the | 18 | | vehicle was delivered and the dates of delivery. | 19 | | (h) No later than 15 days prior to going out of business, | 20 | | selling the business, or transferring the ownership of the | 21 | | business, the licensee shall notify the Secretary of State | 22 | | that the licensee he is going out of business or that the | 23 | | licensee he is transferring the ownership of the business. | 24 | | Failure to notify under this paragraph shall constitute a | 25 | | failure to keep records. | 26 | | (i) (Blank). |
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| 1 | | (j) A person who knowingly fails to comply with the | 2 | | provisions of this Section or knowingly fails to obey, | 3 | | observe, or comply with any order of the Secretary or any law | 4 | | enforcement agency issued in accordance with this Section is | 5 | | guilty of a Class B misdemeanor for the first violation and a | 6 | | Class A misdemeanor for the second and subsequent violations. | 7 | | Each violation constitutes a separate and distinct offense and | 8 | | a separate count may be brought in the same indictment or | 9 | | information for each vehicle or each essential part of a | 10 | | vehicle for which a record was not kept as required by this | 11 | | Section. | 12 | | (k) Any person convicted of failing to keep the records | 13 | | required by this Section with intent to conceal the identity | 14 | | or origin of a vehicle or its essential parts or with intent to | 15 | | defraud the public in the transfer or sale of vehicles or their | 16 | | essential parts is guilty of a Class 2 felony. Each violation | 17 | | constitutes a separate and distinct offense and a separate | 18 | | count may be brought in the same indictment or information for | 19 | | each vehicle or essential part of a vehicle for which a record | 20 | | was not kept as required by this Section. | 21 | | (l) A person may not be criminally charged with or | 22 | | convicted of both a knowing failure to comply with this | 23 | | Section and a knowing failure to comply with any order, if both | 24 | | offenses involve the same record keeping violation. | 25 | | (m) The Secretary shall adopt rules necessary for | 26 | | implementation of this Section, which may include the |
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| 1 | | imposition of administrative fines. | 2 | | (Source: P.A. 101-505, eff. 1-1-20; 102-538, eff. 8-20-21.) | 3 | | (625 ILCS 5/5-402.1) (from Ch. 95 1/2, par. 5-402.1) | 4 | | Sec. 5-402.1. Use of Secretary of State Uniform Invoice | 5 | | for Essential Parts. | 6 | | (a) Except for scrap processors, every person licensed or | 7 | | required to be licensed under Section 5-101, 5-101.1, 5-102, | 8 | | 5-102.8, or 5-301 of this Code shall issue, in a form the | 9 | | Secretary of State may by rule or regulation prescribe, a | 10 | | Uniform Invoice, which may also act as a bill of sale, with | 11 | | respect to each transaction in which he disposes of an | 12 | | essential part other than quarter panels and transmissions of | 13 | | vehicles of the first division. Such Invoice shall be made out | 14 | | at the time of the disposition of the essential part. If the | 15 | | licensee disposes of several essential parts in the same | 16 | | transaction, the licensee may issue one Uniform Invoice | 17 | | covering all essential parts disposed of in that transaction. | 18 | | (b) The following information shall be contained on the | 19 | | Uniform Invoice: | 20 | | (1) the business name, address, and dealer license | 21 | | number of the person disposing of the essential part; | 22 | | (2) the name and address of the person acquiring the | 23 | | essential part, and if that person is a dealer, the | 24 | | Illinois or out-of-state dealer license number of that | 25 | | dealer; |
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| 1 | | (3) the date of the disposition of the essential part; | 2 | | (4) the year, make, model, color, and description of | 3 | | each essential part disposed of by the person; | 4 | | (5) the manufacturer's vehicle identification number, | 5 | | Secretary of State identification number, or Illinois | 6 | | State Police identification number for each essential part | 7 | | disposed of by the person; | 8 | | (6) the printed name and legible signature of the | 9 | | person or agent disposing of the essential part; and | 10 | | (7) if the person is a dealer the printed name and | 11 | | legible signature of the dealer or his agent or employee | 12 | | accepting delivery of the essential part. | 13 | | (c) Except for scrap processors, and except as set forth | 14 | | in subsection (d) of this Section, whenever a person licensed | 15 | | or required to be licensed by Section 5-101, 5-101.1, 5-102, | 16 | | or 5-301 accepts delivery of an essential part, other than | 17 | | quarter panels and transmissions of vehicles of the first | 18 | | division, that person shall, at the time of the acceptance or | 19 | | delivery, comply with the following procedures: | 20 | | (1) Before acquiring or accepting delivery of any | 21 | | essential part, the licensee or his authorized agent or | 22 | | employee shall inspect the part to determine whether the | 23 | | vehicle identification number, Secretary of State | 24 | | identification number, Illinois State Police | 25 | | identification number, or identification plate or sticker | 26 | | attached to or stamped on any part being acquired or |
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| 1 | | delivered has been removed, falsified, altered, defaced, | 2 | | destroyed, or tampered with. If the licensee or his agent | 3 | | or employee determines that the vehicle identification | 4 | | number, Secretary of State identification number, Illinois | 5 | | State Police identification number, identification plate | 6 | | or identification sticker containing an identification | 7 | | number, or Federal Certificate label of an essential part | 8 | | has been removed, falsified, altered, defaced, destroyed, | 9 | | or tampered with, the licensee or agent shall not accept | 10 | | or receive that part. | 11 | | If that part was physically acquired by or delivered | 12 | | to a licensee or his agent or employee while that | 13 | | licensee, agent, or employee was outside this State, that | 14 | | licensee or agent or employee shall not bring that | 15 | | essential part into this State or cause it to be brought | 16 | | into this State. | 17 | | (2) If the person disposing of or delivering the | 18 | | essential part to the licensee is a licensed in-state or | 19 | | out-of-state dealer, the licensee or his agent or | 20 | | employee, after inspecting the essential part as required | 21 | | by paragraph (1) of this subsection (c), shall examine the | 22 | | Uniform Invoice, or bill of sale, as the case may be, to | 23 | | ensure that it contains all the information required to be | 24 | | provided by persons disposing of essential parts as set | 25 | | forth in subsection (b) of this Section. If the Uniform | 26 | | Invoice or bill of sale does not contain all the |
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| 1 | | information required to be listed by subsection (b) of | 2 | | this Section, the dealer disposing of or delivering such | 3 | | part or his agent or employee shall record such additional | 4 | | information or other needed modifications on the Uniform | 5 | | Invoice or bill of sale or, if needed, an attachment | 6 | | thereto. The dealer or his agent or employee delivering | 7 | | the essential part shall initial all additions or | 8 | | modifications to the Uniform Invoice or bill of sale and | 9 | | legibly print his name at the bottom of each document | 10 | | containing his initials. If the transaction involves a | 11 | | bill of sale rather than a Uniform Invoice, the licensee | 12 | | or his agent or employee accepting delivery of or | 13 | | acquiring the essential part shall affix his printed name | 14 | | and legible signature on the space on the bill of sale | 15 | | provided for his signature or, if no space is provided, on | 16 | | the back of the bill of sale. If the dealer or his agent or | 17 | | employee disposing of or delivering the essential part | 18 | | cannot or does not provide all the information required by | 19 | | subsection (b) of this Section, the licensee or his agent | 20 | | or employee shall not accept or receive any essential part | 21 | | for which that required information is not provided. If | 22 | | such essential part for which the information required is | 23 | | not fully provided was physically acquired while the | 24 | | licensee or his agent or employee was outside this State, | 25 | | the licensee or his agent or employee shall not bring that | 26 | | essential part into this State or cause it to be brought |
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| 1 | | into this State. | 2 | | (3) If the person disposing of the essential part is | 3 | | not a licensed dealer, the licensee or his agent or | 4 | | employee shall, after inspecting the essential part as | 5 | | required by paragraph (1) of subsection (c) of this | 6 | | Section verify the identity of the person disposing of the | 7 | | essential part by examining 2 sources of identification, | 8 | | one of which shall be either a driver's license or state | 9 | | identification card. The licensee or his agent or employee | 10 | | shall then prepare a Uniform Invoice listing all the | 11 | | information required to be provided by subsection (b) of | 12 | | this Section. In the space on the Uniform Invoice provided | 13 | | for the dealer license number of the person disposing of | 14 | | the part, the licensee or his agent or employee shall list | 15 | | the numbers taken from the documents of identification | 16 | | provided by the person disposing of the part. The person | 17 | | disposing of the part shall affix his printed name and | 18 | | legible signature on the space on the Uniform Invoice | 19 | | provided for the person disposing of the essential part | 20 | | and the licensee or his agent or employee acquiring the | 21 | | part shall affix his printed name and legible signature on | 22 | | the space provided on the Uniform Invoice for the person | 23 | | acquiring the essential part. If the person disposing of | 24 | | the essential part cannot or does not provide all the | 25 | | information required to be provided by this paragraph, or | 26 | | does not present 2 satisfactory forms of identification, |
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| 1 | | the licensee or his agent or employee shall not acquire | 2 | | that essential part. | 3 | | (d) If an essential part other than quarter panels and | 4 | | transmissions of vehicles of the first division was delivered | 5 | | by a licensed commercial delivery service delivering such part | 6 | | on behalf of a licensed dealer, the person required to comply | 7 | | with subsection (c) of this Section may conduct the inspection | 8 | | of that part required by paragraph (1) of subsection (c) and | 9 | | examination of the Uniform Invoice or bill of sale required by | 10 | | paragraph (2) of subsection (c) of this Section immediately | 11 | | after the acceptance of the part. | 12 | | (1) If the inspection of the essential part pursuant | 13 | | to paragraph (1) of subsection (c) reveals that the | 14 | | vehicle identification number, Secretary of State | 15 | | identification number, Illinois State Police | 16 | | identification number, identification plate or sticker | 17 | | containing an identification number, or Federal | 18 | | Certificate label of an essential part has been removed, | 19 | | falsified, altered, defaced, destroyed, or tampered with, | 20 | | the licensee or his agent shall immediately record such | 21 | | fact on the Uniform Invoice or bill of sale, assign the | 22 | | part an inventory or stock number, place such inventory or | 23 | | stock number on both the essential part and the Uniform | 24 | | Invoice or bill of sale, and record the date of the | 25 | | inspection of the part on the Uniform Invoice or bill of | 26 | | sale. The licensee shall, within 7 days of such |
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| 1 | | inspection, return such part to the dealer from whom it | 2 | | was acquired. | 3 | | (2) If the examination of the Uniform Invoice or bill | 4 | | of sale pursuant to paragraph (2) of subsection (c) | 5 | | reveals that any of the information required to be listed | 6 | | by subsection (b) of this Section is missing, the licensee | 7 | | or person required to be licensed shall immediately assign | 8 | | a stock or inventory number to such part, place such stock | 9 | | or inventory number on both the essential part and the | 10 | | Uniform Invoice or bill of sale, and record the date of | 11 | | examination on the Uniform Invoice or bill of sale. The | 12 | | licensee or person required to be licensed shall acquire | 13 | | the information missing from the Uniform Invoice or bill | 14 | | of sale within 7 days of the examination of such Uniform | 15 | | Invoice or bill of sale. Such information may be received | 16 | | by telephone conversation with the dealer from whom the | 17 | | part was acquired. If the dealer provides the missing | 18 | | information the licensee shall record such information on | 19 | | the Uniform Invoice or bill of sale along with the name of | 20 | | the person providing the information. If the dealer does | 21 | | not provide the required information within the | 22 | | aforementioned 7-day period, the licensee shall return the | 23 | | part to that dealer. | 24 | | (e) Except for scrap processors, all persons licensed or | 25 | | required to be licensed who acquire or dispose of essential | 26 | | parts other than quarter panels and transmissions of vehicles |
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| 1 | | of the first division shall retain a copy of the Uniform | 2 | | Invoice required to be made by subsections (a), (b), and (c) of | 3 | | this Section for a period of 3 years. | 4 | | (f) Except for scrap processors, any person licensed or | 5 | | required to be licensed under Section 5-101, 5-102, or 5-301 | 6 | | who knowingly fails to record on a Uniform Invoice any of the | 7 | | information or entries required to be recorded by subsections | 8 | | (a), (b), and (c) of this Section, or who knowingly places | 9 | | false entries or other misleading information on such Uniform | 10 | | Invoice, or who knowingly fails to retain for 3 years a copy of | 11 | | a Uniform Invoice reflecting transactions required to be | 12 | | recorded by subsections (a), (b), and (c) of this Section, or | 13 | | who knowingly acquires or disposes of essential parts without | 14 | | receiving, issuing, or executing a Uniform Invoice reflecting | 15 | | that transaction as required by subsections (a), (b), and (c) | 16 | | of this Section, or who brings or causes to be brought into | 17 | | this State essential parts for which the information required | 18 | | to be recorded on a Uniform Invoice is not recorded as | 19 | | prohibited by subsection (c) of this Section, or who knowingly | 20 | | fails to comply with the provisions of this Section in any | 21 | | other manner shall be guilty of a Class 2 felony. Each | 22 | | violation shall constitute a separate and distinct offense and | 23 | | a separate count may be brought in the same indictment or | 24 | | information for each essential part for which a record was not | 25 | | kept as required by this Section or for which the person failed | 26 | | to comply with other provisions of this Section. |
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| 1 | | (g) The records required to be kept by this Section may be | 2 | | examined by a person or persons making a lawful inspection of | 3 | | the licensee's premises pursuant to Section 5-403. | 4 | | (h) The records required to be kept by this Section shall | 5 | | be retained by the licensee at his principal place of business | 6 | | for a period of 3 years. | 7 | | (i) The requirements of this Section shall not apply to | 8 | | the disposition of an essential part , other than a cowl or a | 9 | | catalytic converter, which has been damaged or altered to a | 10 | | state in which it can no longer be returned to a usable | 11 | | condition and which is being sold or transferred to a scrap | 12 | | processor or for delivery to a scrap processor. | 13 | | (Source: P.A. 101-505, eff. 1-1-20; 102-318, eff. 1-1-22; | 14 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) | 15 | | Section 15. The Recyclable Metal Purchase Registration Law | 16 | | is amended by changing Sections 2, 3, 4.1, and 4.4 as follows: | 17 | | (815 ILCS 325/2) (from Ch. 121 1/2, par. 322) | 18 | | Sec. 2. Definitions. When used in this Act: | 19 | | "Catalytic converter" means a post-combustion device that | 20 | | oxidizes hydrocarbons and carbon monoxide gases or reduces | 21 | | oxides of nitrogen and that is designed or intended for use as | 22 | | part of an emission control system. As used in this Section, | 23 | | "catalytic converter" includes nonferrous parts, including | 24 | | rhodium, platinum, and palladium. |
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| 1 | | "Detached catalytic converter" means a catalytic converter | 2 | | that was previously installed on a motor vehicle and | 3 | | subsequently removed. | 4 | | "Recyclable metal" means any copper, brass, or aluminum, | 5 | | or any combination of those metals, or any catalytic converter | 6 | | or its contents purchased by a recyclable metal dealer, | 7 | | irrespective of form or quantity, except that "recyclable | 8 | | metal" does not include: (i) items designed to contain, or to | 9 | | be used in the preparation of, beverages or food for human | 10 | | consumption; (ii) discarded items of non-commercial or | 11 | | household waste; (iii) gold, silver, platinum, and other | 12 | | precious metals used in jewelry; or (iv) vehicles, junk | 13 | | vehicles, vehicle cowls, or essential vehicle parts except | 14 | | catalytic converters . | 15 | | "Recyclable metal dealer" means any individual, firm, | 16 | | corporation or partnership conducting activity within the | 17 | | boundaries of the State of Illinois and engaged in the | 18 | | business of purchasing and reselling recyclable metal either | 19 | | at a permanently established place of business or in | 20 | | connection with a business of an itinerant nature, including | 21 | | junk shops, junk yards, or junk stores, except that | 22 | | "recyclable metal dealer" does not include automotive parts | 23 | | recyclers, scrap processors, repairers and rebuilders licensed | 24 | | pursuant to Section 5-301 of the Illinois Vehicle Code. | 25 | | Recyclable metal dealers shall not be engaged in the business | 26 | | of purchasing or reselling vehicles, junk vehicles, vehicle |
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| 1 | | cowls, or essential vehicle parts except catalytic converters . | 2 | | (Source: P.A. 102-906, eff. 5-27-22.) | 3 | | (815 ILCS 325/3) (from Ch. 121 1/2, par. 323) | 4 | | Sec. 3. Records of purchases. Except as provided in | 5 | | Section 5 of this Act every recyclable metal dealer in this | 6 | | State shall enter into an electronic record-keeping system for | 7 | | each purchase of recyclable metal, a catalytic converter or | 8 | | its contents, or recyclable metal containing copper the | 9 | | following information: | 10 | | 1. The name and address of the recyclable metal | 11 | | dealer; | 12 | | 2. The date and place of each purchase; | 13 | | 3. The name, address, and copy of the license as an | 14 | | automotive parts recycler or scrap processor issued by the | 15 | | Secretary of State of the person or persons from whom the | 16 | | recyclable metal was purchased, which shall be verified | 17 | | from a valid driver's license or other government-issued | 18 | | photo identification. The recyclable metal dealer shall | 19 | | make and record a photocopy or electronic scan of the | 20 | | license as an automotive parts recycler or scrap processor | 21 | | issued by the Secretary of State and driver's license or | 22 | | other government-issued photo identification. If the | 23 | | person delivering the recyclable metal does not have a | 24 | | valid driver's license or other government-issued photo | 25 | | identification, the recyclable metal dealer shall not |
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| 1 | | complete the transaction; | 2 | | 4. The motor vehicle license number and state of | 3 | | issuance of the motor vehicle license number of the | 4 | | vehicle or conveyance on which the recyclable metal was | 5 | | delivered to the recyclable metal dealer; | 6 | | 5. A description of the recyclable metal purchased, | 7 | | including the weight and whether it consists of bars, | 8 | | cable, ingots, rods, tubing, wire, wire scraps, clamps, | 9 | | connectors, other appurtenances, or some combination | 10 | | thereof , and, in a transaction involving a catalytic | 11 | | converter, the vehicle identification number of the | 12 | | vehicle from which the catalytic converter was removed and | 13 | | the part number or other identifying number of the | 14 | | catalytic converter that was removed ; | 15 | | 6. Photographs or video, or both, of the seller and of | 16 | | the materials as presented on the scale; and | 17 | | 7. A declaration signed and dated by the person or | 18 | | persons from whom the recyclable metal was purchased which | 19 | | states the following: | 20 | | "I, the undersigned, affirm under penalty of law | 21 | | that the property that is subject to this transaction | 22 | | is not to the best of my knowledge stolen property." ; | 23 | | and . | 24 | | 8. A copy of the certificate of title or registration | 25 | | showing the seller's ownership in the vehicle in the case | 26 | | of a transaction involving a catalytic converter. |
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| 1 | | A copy of the recorded information shall be kept in an | 2 | | electronic record-keeping system by the recyclable metal | 3 | | dealer. Purchase records shall be retained for a period of 3 | 4 | | years. Photographs shall be retained for a period of 3 months | 5 | | and video recordings shall be retained for a period of one | 6 | | month. The electronic record-keeping system shall be made | 7 | | available for inspection by any law enforcement official or | 8 | | the representatives of common carriers and persons, firms, | 9 | | corporations or municipal corporations engaged in either the | 10 | | generation, transmission or distribution of electric energy or | 11 | | engaged in telephone, telegraph or other communications, at | 12 | | any time. A recyclable metal dealer must complete and file a | 13 | | 1099-MISC on behalf of the seller, unless the seller has a | 14 | | current license as an automotive parts recycler or scrap | 15 | | processor issued by the Secretary of State. | 16 | | (Source: P.A. 102-906, eff. 5-27-22.) | 17 | | (815 ILCS 325/4.1) | 18 | | Sec. 4.1. Restricted purchases. | 19 | | (a) It is a violation of this Act for any person to | 20 | | possess, purchase, attempt to purchase, sell or attempt to | 21 | | sell, or for any recyclable metal dealer to purchase or | 22 | | attempt to purchase, any of the following: | 23 | | (1) materials that are clearly marked as property | 24 | | belonging to a business or someone else other than the | 25 | | seller; |
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| 1 | | (2) property associated with use by governments, | 2 | | utilities, or railroads including, but not limited to, | 3 | | guardrails, manhole covers, electric transmission and | 4 | | distribution equipment, including transformers, grounding | 5 | | straps, wires or poles, historical markers, street signs, | 6 | | traffic signs, sewer grates, or any rail, switch | 7 | | component, spike, angle bar, tie plate, or bolt of the | 8 | | type used in constructing railroad track; | 9 | | (3) cemetery plaques or ornaments; or | 10 | | (4) any catalytic converter or its contents not | 11 | | attached to a motor vehicle at the time of the transaction | 12 | | unless the seller is licensed as an automotive parts | 13 | | recycler or scrap processor and is in compliance with | 14 | | Section 4.4 of the Recyclable Metal Purchase Registration | 15 | | Law . | 16 | | (b) This Section shall not apply when the seller produces | 17 | | written documentation reasonably demonstrating that the seller | 18 | | is the owner of the recyclable metal material or is authorized | 19 | | to sell the material on behalf of the owner. The recyclable | 20 | | metal dealer shall copy any such documentation and maintain it | 21 | | along with the purchase record required by Section 3 of this | 22 | | Act. | 23 | | (Source: P.A. 102-906, eff. 5-27-22.) | 24 | | (815 ILCS 325/4.4) | 25 | | Sec. 4.4. Purchase of a catalytic converter or its |
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| 1 | | contents. | 2 | | (a) It is unlawful for any person to purchase or otherwise | 3 | | acquire a used, detached catalytic converter or any nonferrous | 4 | | part thereof unless all of the following apply: | 5 | | (1) the person is a licensed recyclable metal dealer; | 6 | | (2) the sale or purchase occurs at the fixed business | 7 | | address of a licensed recyclable metal dealer that is a | 8 | | party to the transaction; and | 9 | | (3) the purchaser has maintained the information | 10 | | required under Section 3 of the Recyclable Metal Purchase | 11 | | Registration Law. | 12 | | (b) A recyclable metal dealer shall not pay cash in | 13 | | payment for any catalytic converter or its contents having a | 14 | | value of $100 or more. | | | | 15 | | (c) As used in this Section: | 16 | | "Fixed business address of the licensed recyclable metal | 17 | | dealer" means the address of the business that is on the | 18 | | licensee issued by the Secretary of State. "Fixed business | 19 | | address of the licensed recyclable metal dealer" also includes | 20 | | the licensed address of a recyclable metal dealer, new or used | 21 | | motor vehicle dealer, automotive repair service, motor vehicle | 22 | | manufacturer, licensed automotive dismantler and parts | 23 | | recycler, or distributor of catalytic converters who sells or | 24 | | purchases the used, detached catalytic converter. | 25 | | "Used, detached catalytic converter" does not include a | 26 | | catalytic converter that has been tested, certified, and |
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| 1 | | labeled for reuse in accordance with applicable United States | 2 | | Environmental Protection Agency Clean Air Act regulations. | 3 | | (Source: P.A. 102-906, eff. 5-27-22.) |
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